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=U5= Sec676a -- Section 676a Typical contractual duties ; notice of termination
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=S=> BGB 676a. 1 By a bank transfer contract , the banking institution ( transferring banking institution ) is put under a duty to the person who orders the transfer ( transferor ) to make a specified amount of money available to the beneficiary for credit to the account of the beneficiary at the transferring banking institution ( bank transfer ) and to supply information on the identity of the transferor and a purpose of the transfer , to the customary extent . If the credit is to be made by another banking institution , the transferring banking institution is obliged to transfer the bank transfer amount in good time and , to the extent that nothing else has been agreed , without deduction to the banking institution of the beneficiary directly or with the participation of intermediate banking institutions for this purpose and to forward the information specified in sentence 1. The transferor may , to the extent agreed , alternatively provide the banking institution with the monetary amount to be transferred in cash .
=S=> BGB 676a. 2 To the extent that no other periods of time are agreed , bank transfers are to be executed as soon as possible . The following : cross-border bank transfers in Member States of the European Union and in contracting states to the Agreement on the European Economic Area that are denominated in the currency or currency unit of those states or in euros , to the extent that nothing else has been agreed , within five working days on which all concerned banking institutions are customarily open for business , with the exception of Saturdays ( banking days ) to the account of the banking institution of the beneficiary , bank transfers within the country in domestic currency at the latest within three banking days to the account of the banking institution of the beneficiary , and bank transfers in domestic currency within a main office or branch office of a banking institution at the latest within one banking day , other intra-bank transfers at the latest within two banking days to the account of the beneficiary are to be executed ( transaction period ) . The period commences , to the extent not otherwise agreed , at the end of the day on which the name of the beneficiary , his account , his banking institution and other information required for carrying out the bank transfer are available to the transferring banking institution and a credit balance sufficient to carry out the bank transfer is available or sufficient credit has been granted .
=S=> BGB 676a. 3 After this , the transferring banking institution may only terminate the bank transfer contract without indicating any reasons as long as the transaction period has not yet begun if insolvency proceedings have been commenced in relation to the assets of the transferor or if a credit required to carry out the bank transfer has been terminated . In connection with payment systems , a bank transfer may , notwithstanding sentence 1 , no longer be terminated after the time determined in the rules of the system .
=S=> BGB 676a. 4 The transferor may terminate the bank transfer contract at any time prior to commencement of the transaction period , but after this he may only give notice if the banking institution of the beneficiary is notified of the termination by the time at which the transfer amount is finally made available to this banking institution for credit to the account of the beneficiary . In connection with payment systems , a bank transfer may , notwithstanding sentence 1 , no longer be terminated after the time determined in the rules of the system . The transferring banking institution must arrange for the banking institution of the beneficiary to be informed of a termination without delay .
=U5= Sec676b -- Section 676b Liability for late execution, money-back guarantee
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=S=> BGB 676b. 1 If the bank transfer is not executed until after the end of the transaction period , then the transferring banking institution must pay interest to the transferor on the bank transfer amount for the duration of the delay unless the transferor or the beneficiary is responsible for the delay . The rate of interest is five percentage points per annum above the basic rate of interest . BGB 676b. 2 The transferring banking institution must without additional charges and expenses and at the option of the transferor either return to the transferor or transfer to the beneficiary any amounts retained by itself or by one of the intermediate banking institutions contrary to the transfer contract . BGB 676b. 3 The transferor may demand the return of the transfer amount up to an amount of 12,500 euros ( guarantee amount ) plus fees and expenses already paid for the transfer if the transfer has been executed neither by the end of the transaction period nor within an additional period of time of fourteen banking days from the demand of the transferor for return on . The transfer amount is in this case to bear interest from the commencement of the transaction period up to crediting of the guarantee amount to the account of the transferor at the rate of interest specified in subsection ( 1 ) sentence 2. Upon demand for return by the transferor and the end of the additional period of time the bank transfer contract is deemed to be terminated . The banking institution is entitled to terminate the contract if the banking institution cannot reasonably be expected to continue the contract , weighing the interests of both parties , provided it has paid the guarantee amount or pays it simultaneously . The tr ansferor need not , in the cases cited in sentences 3 and 4 , pay the agreed fees and expenses . Claims under this subsection do not exist if the bank transfer has not been executed because the transferor has given the transferring banking institution erroneous or incomplete instructions or if an intermediate bank expressly specified by the transferor has failed to execute the bank transfer . In the second case of sentence 6 , the banking institution expressly specified by the transferor is liable to the transferor in the place of the transferring banking institution . BGB 676b. 4 Claims under subsections ( 1 ) to ( 3 ) are excluded if force majeure is the cause of the error in the processing of the bank transfer .
=U5= Sec676c -- Section 676c No-fault liability ; other claims
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=S=> BGB 676c. 1 Claims under section 676b do not require fault . Other claims that require fault and claims for unjust enrichment are unaffected . The transferring banking institution must be responsible for any fault on the part of an intermediate banking institution as it would be for its own fault , unless the essential cause lies with an intermediate banking institution specified by the transferor . Liability under sentence 3 may be limited to 25,000 euros for bank transfers to an account abroad . Liability for damage arising from delay in or non-execution of the bank transfer may be limited to 12,500 euros ; this does not apply to intent and gross negligence , to loss of interest receipts and risks specifically assumed by the banking institution .
=S=> BGB 676c. 2 In the cases cited in subsection ( 1 ) sentence 3 half-sentence 2 , the intermediate banking institution specified by the transferor is liable instead of the transferring banking institution .
=S=> BGB 676c. 3 To the extent not otherwise stipulated , there may be no provisions deviating to the disadvantage of the transferor from those of sections 675 ( 1 ) , 676a and 676b and subsection ( 1 ) whose transferor is a banking institution , that exceed the amount of 75,000 euros , or that are to be credited to an account at a banking institution with its seat outside the European Union and the European Economic Area .
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